UNCITRAL 담보법 현대화와 동산⋅채권담보권의 개선안

UNCITRAL Model Law on Secured Transactions, which was officially adopted on July 1. 2016, is evaluated as the most meaningful international norm in the security field at present, considering the background of the UN's authority and legitimacy. UNCITRAL Working Group VI has proceeded its work toward establishing a modern international and unified instrument in the field of secured transaction since 2002. Along with several texts including UNCITRAL Legislative Guide on Secured Transactions (2007) and UNCITRAL Guide on the Implementation of a Secured Right Registry (2013), the Model Law is the comprehensive and the most recent achievement by embracing past products in pursuit of harmonizing law in the realm of secured transaction. The Model Law is composed of 107 articles on various types of movable assets including negotiable instruments, non-intermediated securities, receivables, and intellectual property. The Model Law deals not only with substantive legal issues such as creation and effectuation of security right but also with procedural legal issues such as enforcement of security right, conflict of laws and transition. The Korean Act on Security over Movable Property, Receivables, etc. (hereinafter the “Act”) established a new security interest over movable property and receivables equipped with security registration on 2011. UNCITRAL Legislative Guide functioned as one of the significant sources of reference in the making of this act and the Model Law presents another momentum to evaluate whether and how Korean current state of the secured transaction regime is modernized and to find room for its improvement. This article introduces briefly the background and the main content of the Model Law, and draws implication on Korean security right regime, and proposes amendments to improve the Korean security over Movable Property and Receivables system.